A/71/301
Access to goods and services
43. National specialized bodies can play an important role in preventing
discrimination in the provision of goods and services, not only in the public sector,
but also by private providers. Among the issues and complaints reported, the denial
of access to restaurants, clubs and hotels emerges most frequently. 21 In order to
prevent discrimination regarding access to goods and services, the
Anti-Discrimination Board of New South Wales, Australia, together with tourism
associations, published anti-discrimination guidelines for the hotel and
accommodation industry in April 2013, which inform hoteliers an d restaurant and
bar owners and their employees of their legal duties and responsibilities. 25
D.
Challenges to the work of national specialized bodies
44. The Special Rapporteur has found that the impact of the work of national
specialized bodies can remain limited, since there are challenges either to the
mandate of these bodies or to their operations. The Special Rapporteur hopes that by
addressing these challenges, the work undertaken by national specialized bodies can
have a more significant impact.
1.
Underreporting
45. Underreporting has been identified, including by many of the national
specialized bodies themselves, as a key barrier to their work. The Special
Rapporteur notes that the numbers of complaints received and inquiries conducted
by national specialized bodies on the grounds of racial and ethnic discrimination,
which are often combined with those received and conducted on the grounds of
other prohibited forms of discrimination, are low. The Special Rapporteur notes that
the issue of underreporting is also manifest with regard to racist crimes and
incidents owing to a perceived lack of trust in law enforcement agencies by victims
and a sense of impunity. He has consistently called upon States to ensure prompt,
thorough and impartial investigation into such crimes and has called for those
responsible to be adequately sanctioned and for victims to be given full access to
effective legal remedies (see A/HRC/26/50, A/HRC/29/47 and A/HRC/32/49 and
Corr.1).
46. The Special Rapporteur firmly believes that the issue of underreporting needs
to be acknowledged as an element limiting the important contribution t hat national
specialized bodies can make to the fight against discrimination. He notes that better
cooperation and development of links with civil society organizations, in particular,
organizations representing minority ethnic groups and religious communi ties, have
been identified as particularly important. In Europe, members of the European
Network of Equality Bodies have been engaging with civil society organizations by
organizing capacity-building events and training; targeting Bar associations and
organizations working with disadvantaged groups; and creating platforms for
dialogue. Civil society organizations can also offer a valuable channel of
communication to minority ethnic groups and religious communities and can be a
source of information for national specialized bodies, as was highlighted during the
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25
12/21
Anti-Discrimination Board of New South Wales, Australian Hotels Association (New South Wales)
and Tourism Accommodation Australia, Anti-Discrimination Guidelines for the Hotel and
Accommodation Industry (Sydney, 2013). Available from www.antidiscrimination.justice.nsw.gov.au/.
16-13565